Analysis of EU Environmental Protection Article

This assignment requires an in-depth analysis of the European Union's (EU) environmental protection article, specifically Article 11 of the Treaty on the Functioning of the European Union (TFEU). The article discusses the implementation of environment safety standards by member states, which is not resistant to EU law. The last change proposed in law regarding the ban on importation of cars can be imposed in accordance with the environmental protection article of TFEU. The assignment references various books and journals, including 'The Infringement Procedure in the Rule of Law Crisis' and 'The Reinterpretation of TFEU Article 344'. It also mentions online resources such as the Treaty on the Functioning of the European Union (TFEU) and the European Public Health Association. The assignment is likely to be relevant for students studying EU law, environmental law, or international relations.

EU Law Case study

TABLE OF CONTENTS
RESEARCH PAPER.......................................................................................................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

RESEARCH PAPER
Free trade of goods is defined under title II of the TFEU (treaty on Functioning of
European Union). It is important for the internal market, to EU legislation as well to decisions of
the court of justice. The free movement of goods describes the laws and rules with internal
market operation between member state of Eu as well as remove the trade barriers. In the present
report discussion related with the application and compatibility of certain new proposal in the
Spanish legislation in context with EU law is done. The TFEU treaty recognise and promote the
basics of the European law by setting the scope of the EU authority on legislation and principles
of law to those members state where EU law operates.
This treaty defined regulation related with discrimination, policies and internal action
related with trade and commerce, external action, institutional and financial provisions for the
member nations of EU. The internal action includes free movement of goods, justice, freedom
etc. This treaty defines the provision related with trade and commerce as well as the civil
jurisdiction between member states (Barnard, 2016). To bring in a new legislation or the law in
any of the member nation the laws or the rules must not be in contradiction with the EU law and
the provision of TFEU. The proposed law must be in compatibility of the treaty provision both
in restrictive practices as well as the civil jurisdiction.
PROPOSAL 1: Banning the use of E-cigarettes containing Propylene glycol
The report give by European public health Association in August 2018, presents a
comprehensive summary of the science on the e-cigarettes. These are identifies as less harmful
and minimise the potential risk to the public health (Treaty on the Functioning of the European
Union (TFEU), 2018). At present all the Eu members must comply with the EU tobacco
products directive which also includes the regulation for ENDS. The e cigarettes contains the
propylene glycol have nicotine in it. A number of global tobacco control researchers have stated
that e-cigarettes are less harmful than combusted tobacco;8–12; however, the impact of e-
cigarettes on public health is unclear. This presents specific challenges as jurisdictions determine
how to regulate this product.
As per the Article 168 of the TFEU the member states are given a responsibility to ensure
the definition and implementation of the union policies and activities in respective nation. The
action of the union shall complement in the national policies and direct towards the improvement
of public health, prevention of physical and mental illness and diseases. The state must obviate
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the sources of danger to physical and mental health. Such action shall cover the fight against the
major health scourges, by promoting research into their causes, their transmission and their
prevention, as well as health information and education, and monitoring, early warning of and
combating serious cross-border threats to health (European Public Health Association, 2018).
The union is also responsible to complement the member state in their action of reducing drug
related healths damages which includes information and prevention.
The member state are responsible for to be in liaison with the principles, and coordinate
themselves with policies and programmes while commission of any new law and legislation in
their nation. The member starts is given a right to take useful initiatives to promote the
coordination and must keep in lop the European parliament with providing it the fill information
about any change in law.
As far as the studies around the world are concerned most of them have shown that the
majority of the adults are using e-cigarettes and public health advocates have shown their
concern that e- cigarettes may be an initiation orc stating point to drag the youth of the nation
towards the progress of using the tobacco products. Moreover, the studies have also reflected the
fact that increased consumption of the same can lead to the mouth cancer.
As in accordance with the article 168 the Spanish government have a right to take an
action of banning the E-cigarettes from the nation but as per the provision of article 168 it must
keep in loop the European parliament with given the full information about the chance and why
this is in order to protect the public health and youth of the nation (Hofmann, 2016). Till date the
EU do not have a specific regulation regarding the securing people from the harmful effect of
the e cigarettes the Spanish government have a right to enter such laws in their legislation but it
must be done with prior approval of the union and make an informed decision with taking
relevant suggestions from the European parliament.
Also, while making a resolution in the legal system the Spanish government must see the
directive about the civil procedures of making such changes and the jurisdiction over any such
dispute arises under the amount of new legislation made as banning the e-cigarettes in their
nation.
PROPOSAL 2: Ban on TV advertisement of Liqueur chocolates
In accordance with the article 169 of the consumer protection of the TFEU, the union
must contribute in protection of health, Safety and economic interest of the consumer in order to
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promote the interest of consumers for making sure the high level consumer protection. This
includes providing right information, education and to organise for safeguarding the interest of
consumers (The European Union’s Competence to Adopt Minimum Standards on Civil
Procedure, 2018). The union is required to attain this objectives by taking appropriate measures
defined under article 114 regarding completion of internal market and measure the support,
supplement and monitoring the policies acted upon by the member states. For any policy or
procedure to be formed by the member state its is given in the pint 3 of the article 169 that the
European parliament and the council must act in accordance with the legislative procedures and
with consulting a committee may adopt the measure referred above. The measure so adopted
must not prevent any mender state from introducing any or more rigorous protective measures all
such measure must be in accordance with the articles and provisions of the treaties and the
commission shall be notifies for the same.
As per the directive 93/13 on the consumer protection there are importance remedial
provisions in the union legislation which provides that any member state can lay down terms
related with unfair contract. This must not in includes in any contract enters with any consumer
and advertisement is a unilateral contract as per the consumer protection law of the EU (Schütze,
2016). The Article 114 TFEU defines adoption of various union acts with procedure implication.
However, article 81 of the TFEU provides the measures to be adopted for civil jurisdiction
cooperation. The member state's must make a request in the court to make a change in the law
related with banning the advertised and the court or tribunal are required to respect the fair trial
and consider the principles over adversarial process. The decision given in the case of Asturcom
was more significant which reflected the rights of consumers which gives highlighted the fact
that consumers have a reasonable opportunity to challenge the decision given under the
arbitration.
The directive 85/374 over the approximation of laws, regulations, and administrative
provision of the member nation regarding the liability of defective products. This cont aces both
the remedial as well as substantial provisions. The Commission has submitted a proposal for a
new directive on
consumer rights to ensure a higher level of consistency between existing directives and regulate
the legal
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consequences of failure to comply with the requirements they lay down (Perotti, 2016). This
means that are per the article 169 to protect the consumers to ban advertisement do not fall
under exact ambit of the consumer protection. So to restrict publication of advertisements is
considered to be in contravention EU law.
PROPOSAL 3: Compulsory inspection of imported microwaves
As per the consumer protection article of 169 and article 169 regarding for public health
is essential to check the safety of the products entraining in the country to ensure the health and
safety of the consumers using the microwaves as well as to protect the environment form the
harmful radiation emitting from the microwaves. This can be done but in accordance with the
article TFEU under which any measure taken to change the law by a member state must be in
accordance with the EU law and the European parliament must be well informed about the same.
In the recent years different legislative acts involves ruling of the civil procedures have
emerged. This results from the growing competence that the European Union (EU) has gained in
the field of cooperation in civil matters after the entry into force of the Amsterdam and Lisbon
Treaties (Interview with MEP Emil Radev on civil procedure in the EU, 2018). As per article 81
the union have an authority to legislative over the matters on cross border imprecations. This
gives the EU law a right to make and implement measures which eliminates the obstacles in the
ways of proper functioning of the civil procedures. This is done with promotion of the
compatibility of the rules on the civil procedures which are applicable in the member state. By
overlooking the articles and provision of the EU law one identify the acts and legislation that
covers the domestic cases and the same are excluded. Moreover, the article 114 of the TFEU
defines the measures to be adopted to consider the approximate with the member legislation and
have an objective for the establishment and functioning of the internal market.
According to the European Court of Justice the EU has the ability to fade differences
between national laws, where these restrict fundamental freedoms or distort competition. In any
case, the measure at stake must aim to establish or improve the functioning of the internal
market. This can be stated that compulsory examining the microwaves by the Spanish
government can not be fully considered in accordance with the articles of TFEU as it can offend
the other member states. Moreover, is can be agreed upon to make the proposed change in the
Spanish legislation by taking steps in accordance with Article 114 and article 81 of treaty of
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function of European union (Schmidt and Bogdanowicz, 2018). The compulsory inspection of
the microwaves to make sure the abidance of Spanish environmental and safety standards can be
taken forward as it is compatible to protect the interest of consumers as well ensuing the safety
of environment.
PROPOSAL 4: Banning importation of Motor vehicles older than 15 years
Treaty on the functioning of European union (TFEU) contains several articles regarding
the which defines the trade and commercial provision among the member state of EU. The free
movement of trade defines the custom union. Custom cooperation and prohibition of the
quantitative restriction between the member state (Johansen, 2015). The MEQR can be defined
as the all trading rules which are enacted by the member state which can directly or indirectly
hinder intra- community trade. According to article 34 and 35 there is not quantitative restriction
on import and export and all the measures having equivalent effect are prohibited among
member state. But as per article 36 of the TFEU no prohibition or restriction on import and
export can be imposed on the basis of public morality, public health, public policy or public
security. For the protection of health and life of humans, animal and plants, to protect the
national treasure, artistic, commercial and industrial property.
As per article 37 member states are refrained from introducing any new measure or law
which is in contradiction to the Principe laid down in article 28 to 36. No contradiction of
principles of paragraph 1 or limiting the scope of article related with quantitative restricts are
enjoyed.
As per article 191 of TFEU about the environment the member state must contribute in
preservation, protection and improvement of quality of the environment, protect human life,
prudent and rational usage of the natural resources (Chamon, 2018). The proposed law related
with can come in the ambit of environmental protection of as older the vehicle demands higher
cost of maintenance and with more consumption of natural resource that the petroleum products.
With application of the article 191 of the TEFU, the proposed restriction on importation falling
the ambit of article 37 of quantitative restriction the importation of goods.
In the MEQR case of Procereur DU Roi v Dassonvill it was discovered that to have a
certificate of origin of the goods constitute MEQR. The France allowing the protestor to restrict
entrance of half of the products from Spain was also constituted as MEQR. This means that in
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applying any of the new law there must not be a MEQR which defines contravention of any
article of TFEU. In Such a situation the civil jurisdiction over the matter applied and the laws
and dispute resolution of the EU is always applicable. With applying the recent case laws of
court of Justice and in examining the implementation of the principle of national courts to the
member state over environmental protection assess the effect of certain public and private
projects on the environment.
In the directive 85/337 the member states are given with a responsibility to make sure
that with taking into account the national legal system, members of public concerned must have
sufficient interest or maintain the impairment of a right (Biersteker and et.al., 2015). This made
the member state accountable for protecting the rights of individuals conferred by union law
while laying down ant remedial and procedural condition in the nation. With this it can be stated
that the proposal of restriction on imports of car older than 15 years not in contravention of EU
laws in context of the environmental protection and is in accordance with the Articel 37 of the
TFEU.
CONCLUSION
To sum up it can be states that regarding the changes in the Spanish legislation the
proposed laws over banning the e cigarettes it must work in accordance with the civil procedure
and inform the European parliament about the same. For the next proposal it can be summed up
that the advertisements do not fall under the precise ambit of the consumer protection as it just
gives the information about the product and influence the purchasing decision of a person. To
put a ban can not secure the public health or protect the consumers, so putting a ban is not
compatible as per EU law. For the proposed change in examining the microwaves which have
been imported can be implemented as this not in contravention of the Article of TFEU. As this s
just to endure the implementation of environment safety standards of the nation which is not
resistant with Eu law. For the last change proposed in law regarding the ban on importation of
cars can be imposed in accordance with the environmental protection article of TFEU.
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REFERENCES
Books and Journals
Schmidt, M. and Bogdanowicz, P., 2018. The infringement procedure in the rule of law crisis:
How to make effective use of Article 258 TFEU. Common Market Law Review. 55(4).
pp.1061-1100.
Johansen, S. O., 2015. The reinterpretation of TFEU Article 344 in Opinion 2/13 and its
potential consequences. German LJ.16. p.169.
Chamon, M., 2018. Fining Member States under the SGP, or how enforcement is different
from implementation under Article 291 TFEU: Spain v. Council. Common Market Law
Review. 55(5). pp.1495-1519.
Biersteker, A and et.al., 2015. Right of Residence under Article 20 TFEU of the Primary Carer
of a Minor Union Citizen: Summary of an Expert Opinion on Issues Arising from the
Pending Case of Chavez-Vilchez and Others. (C-133/15). Available at SSRN 2641773.
Schütze, R., 2016. Of types and tests: towards a unitary doctrinal framework for Article 34
TFEU?. European law review. 41(6). pp.826-842.
Perotti, R., 2016. New Tobacco Products Directive: the CJEU says it is compatible with EU
law. Journal of Intellectual Property Law & Practice. 11(9). pp.656-657.
Hofmann, H. C., 2016. The International Market in a Context of Deepening Integration-Long
on Content and Short on Modes of Delivery?. University of Luxembourg Law Working
Paper, (2016-02).
Barnard, C., 2016. The Construction of the Internal Market. A Companion to European Union
Law and International Law. p.195.
Online
Treaty on the Functioning of the European Union (TFEU). 2018. [Online]. Available
through :<https://www.jus.uio.no/english/services/library/treaties/09/9-01/
tfeu_cons.xml#treaty-header2-17>.
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European Public Health Association . 2018. [Online]. Available through
:<https://tobacco.ucsf.edu/european-public-health-association-releases-comprehensive-
date-summary-science-e-cigs>.
The European Union’s Competence to Adopt Minimum Standards on Civil Procedure. 2018.
[Online]. Available through :<https://blogdroiteuropeen.com/2016/09/29/the-european-
unions-competence-to-adopt-minimum-standards-of-civil-procedure-in-light-of-the-
eliunidroit-project/>.
Interview with MEP Emil Radev on civil procedure in the EU. 2018. [Online]. Available
through :<https://europeanciviljustice.wordpress.com/2016/02/26/interview-with-mep-
emil-radev-on-civil-procedure-in-the-eu/>.
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